It depends on the stage
An employment-based green card sponsored by an employer is tied to a specific job until the law says otherwise. Self-petitions are different, and so are cases that have reached a certain point. The table sets out what a job change does at each stage.
| Where the case stands | What a job change does | What carries over |
|---|---|---|
| PERM or I-140 not yet approved | The new employer has to start the process again | Nothing from the old case |
| I-140 approved fewer than 180 days, I-485 not pending 180 days | A withdrawal by the old employer revokes the approval | The priority date, for a new petition |
| I-140 approved 180 days or more | Withdrawal no longer revokes it automatically | The priority date, and support for H-1B extensions past six years |
| I-485 pending 180 days or more, I-140 approved or approvable | You can port to a same or similar job with Supplement J | The whole green card case |
| EB-1A or NIW self-petition, at any stage | No sponsor to lose, as long as the work stays consistent with the petition | The whole case |
Before the I-140 is approved
For an employer-sponsored case, everything up to I-140 approval belongs to the sponsoring job. A labor certification is specific to one employer and one position, and a pending I-140 depends on that employer’s continued offer. A new employer that wants to sponsor you starts with its own labor certification and petition. If an earlier I-140 from any employer was ever approved, though, you can keep its priority date.
After the I-140 is approved
Your priority date is yours
Under 8 CFR 204.5(e), an approved I-140’s priority date stays with you for a later petition unless the approval is revoked for fraud, willful misrepresentation, invalidation or revocation of the labor certification, or material error. That is often the most valuable thing in an older case, especially for applicants born in India or China, whose place in line can be worth years.
The 180-day mark
Under 8 CFR 205.1, if an employer withdraws an I-140 that has been approved for 180 days or more, or whose I-485 has been pending that long, the approval is not automatically revoked. It stays valid for priority date retention, portability, and extending H-1B status beyond six years. A withdrawal before that point revokes the approval, though the priority date is generally kept.
After the I-485 has been pending 180 days
AC21 portability
Under INA 204(j), an applicant whose I-485 has been pending 180 days or more, with an I-140 that is approved or approvable, can move to a new job without a new petition, as long as the new job is in the same or a similar occupational classification. The new job can be with the same employer, a new employer, or self-employment. The request goes in on Form I-485 Supplement J, which can be filed when the change happens or in response to a request from USCIS.
What counts as same or similar
The USCIS Policy Manual chapter on job portability lists the factors officers weigh: the occupational codes for both jobs, duties, titles, skills and experience, education and training, required licenses, and the wage. A move can be lateral, a step up such as software engineer to senior software engineer, or into self-employment in the same field. A move from an individual role into management can still qualify, but it gets a closer look, so the duties need to show the connection.
Check these first
- The I-140’s approval date, and how long the I-485 has been pending
- The occupational code and duties in the original petition, compared with the new job description
- Whether the new salary is in line with the old one
- How your nonimmigrant status, if any, will move with you
- Whether your work permit is current, since renewals no longer extend automatically
EB-1A and NIW: a different position
The Policy Manual is explicit that applicants for EB-1A extraordinary ability and for a national interest waiver do not need Supplement J or 204(j) portability, because their categories are not tied to a job offer. The condition is that an EB-1A applicant has to continue working in the area of extraordinary ability, and an NIW applicant has to continue pursuing the proposed endeavor described in the petition. A researcher who moves from one lab to another in the same field is on solid ground. A move to an unrelated field can raise the question of whether the petition still describes what the applicant does. This is one of the practical advantages that make self-petitions attractive.
Your work status during the move
The green card case and the right to work in the meantime are separate questions.
- H-1B workers can start with a new H-1B employer as soon as that employer files a new petition.
- L-1 status is tied to the multinational employer, so an L-1 holder moving to an unrelated company needs another basis to work, such as an H-1B, an O-1, or the work permit.
- O-1 status needs a new petition for a new employer, unless an agent petition already covers the work.
- A work permit based on the pending I-485 lets you work for any employer, but it has to stay valid, and work permits for adjustment applicants now take a median of more than six months to decide, as the work permit data shows.
If a job ends rather than changes, the guide to options after a layoff covers the grace period and the routes that keep you in status.